Bad ones, anyway. Good ones are great.
With over 40 years experience in Thailand, our team has had its own share of legal drama with our customers. Based on this history, we are happy to provide some words of wisdom regarding working with lawyers in Thailand. Our top 10 pieces of advice for working within the Thai legal system.
- AT ALL COSTS avoid the requirement to engage legal help in Thailand whenever possible. You do not speak the language, you do not understand the Thai legal system, and you will become inherently frustrated. Whenever possible, simply turn and run from legal problems if you can.
- DO NOT BREAK any laws in the Kingdom that will require you to hire a lawyer. This includes drugs, petty crimes, DUI, overstays, partner abuse, traffic accidents, etc. In these types of situations, the legal bills will likely become the least of your problems.
- DO NOT ASSUME that just because you are a foreigner that the justice system in Thailand is biased against you. This is simply not true. What is biased however, is your limited understanding of the Thai legal system. Your expectations of the legal process in Thailand will be heavily influenced by your own country's legal foundation. This is Thailand. Its not the same. Do your homework.
- DO ASSUME that any legal proceedings in Thailand will take 3-4x times longer than what you are accustomed to in your own country. Thai judges and courts can take an extroadinary amount of time, and the process can be mind-numbingly slow. If you are on the wrong side of the court (plaintiff vs defendant) be prepared to spend an extended amount of time in Thailand (if they require you to surrender your passport).
- DO YOUR RESEARCH ahead of time before hiring any lawyer. The Thai legal system is not particularly strict about who it lets in. Just about anybody that can pass the legal exam in Thailand can call themselves a lawyer. Check credentials, and make sure the person you're talking with is also registered with The Law Society of Thailand. With only rare exceptions, all foreigners in Thailand ARE NOT legally recognized lawyers (but they may retain Thai staff who indeed may be legal representatives).
- DO NOT POST anything defamatory online. This is called defamation (การหมิ่นประมาท) in Thailand, and this is a very serious offense that will cost you dearly. If you can, VERY quickly apologize and delete the information (truth is NOT a defense to defamation in Thailand).
- Thai courts have a high preference for making judgements based on damages. Whenever possible, try to quantify your damages (ค่าเสียหาย) as clearly and fairly as possible when appealing to a Thai court. The Thai courts do not recognize nebulous concepts.
- Working with a Thai lawyer can be extremely frustrating when it comes time to communicate. And, we're not talking about English here. We're talking about the ability to communicate - active listening, comprehension, follow up, confirmation, challenges, etc. You have found a good lawyer if he or she communicates frequently and clearly, AND makes you feel comfortable. The opposite is true.
- DOCUMENT everything. Keep ALL records of communication, evidence, photos, texts, notes, letters, etc., and understand that Thailand is a paperwork driven society. At some point, you will be asked for 4 signed copies of each.
- Finally, understand that mediation and settlement are often preferred over strict judicial decisions. Thai culture values harmony and compromise. Whenever possible, pursue negotiated settlements before resorting to litigation.